Consequences of Violating a Restraining Order in New Jersey
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Posted: December 12, 2016
A restraining order is an order signed by a Judge, which prevents the defendant from contacting the plaintiff in any form. A restraining order prevents in person contact, contact by phone, contact through text or email as well as contact through social media on forums such as Facebook and Twitter. There are a variety of defenses that are available to a person who has been accused of a violation of a restraining order. Our lawyers have extensive experience in criminal defense and can help you or a loved one fight criminal charges.
There are two types of restraining orders:
- Temporary restraining orders: A restraining order that is issued shortly after an individual files a complaint, either civil or criminal. The temporary restraining order will remain in effect until the merits of the temporary restraining order are heard before a Judge.
- Final restraining orders: A final restraining order is issued after a hearing is held before a Judge and the Judge finds proper legal grounds exist for the entry of the final restraining order. A final restraining order is permanent in almost all circumstances. This means that the order will not expire and will remain in effect.
A violation of either a temporary or final restraining order are covered by the same criminal statute. Restraining order violations occur when the defendant defies or violates the content of the restraining order. Most often the allegation consists of the defendant contacting the plaintiff in some way.
A conviction for a violation of a restraining order can carry very significant consequences. A first offense violation of a restraining order can carry a term of confinement in the county jail, probation, a fine or community service. A second conviction for a violation of a domestic violence restraining order will subject the individual to a mandatory minimum period of thirty days in the county jail. They could face a longer jail term upon conviction.
There are a variety of defenses that are available to a person who has been accused of a violation of a restraining order. Our lawyers have extensive experience in criminal defense and can help you or a loved one fight criminal charges.
If you or someone you know would like to speak to an attorney about a violation of a restraining order, call our lawyers at Clark, Clark & Noonan, LLC in Jersey City 24 hours a day, seven days a week at 732-303-7857. We are here to assist those located in Jersey City, Essex, Hudson, Freehold, Monmouth County and surrounding areas of New Jersey.
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